DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Arguments
Applicant’s arguments with respect to independent claims 1 and 8 have been considered but are moot because they refer to the new claim limitations. Applicant's arguments filed July 10, 2025, see page 6, have been fully considered but are not persuasive. Liptak teaches an air ionization system comprising a block and air ionizing electrodes that are separable which make said block cable of being located remote from the air distribution unit, where said air ionizing electrodes are located (see citations below). Guthrie (US10222347) is referenced below to teach the new limitations.
Claim Rejections - 35 USC § 103
Claim(s) 1, 4 and are rejected under 35 U.S.C. 103 as being unpatentable over Liptak (US 20230048412 A1) in view of Guthrie (US 10222347 B2).
Regarding claim 1, Liptak teaches limitations as follows—An air ionization system including: a block having electronic control circuitry therein (printed circuit board 13; Figs. 6, 8), the block being positioned remote from the air distribution unit (“However, the ion generator 10…may be located in various locations so that the emitters 44, 46 may be located anywhere in the air flow path of the mobile HVAC. While the emitters 44, 46 are shown at the blower housing 149, the emitters may be located in other locations, such as at the evaporator 150 near the blower inlet. Various locations may be utilized for the emitters, and the housing assembly may be located in various locations, dependent on the space available around the mobile HVAC which is often limited in marine applications.”; par [0049] ), air ionizing electrodes (ion emitters 44, 46; Figs. 2, 6, 8), and first wiring electrically coupling the air ionizing electrodes to the electronic control circuitry within the block and within the air distribution unit (“The 12 VDC input power to the ion generator module 30 is represented by a first wire 33…and a second wire 34…, wherein one wire represents a positive and the other wire represents a negative. The wires 33, 34 electrically connect to the printed circuit board 13…”; par [0051]; Figs. 2, 6, 8); a power source (Fig. 6; “motor controller 157 provides power”; par [0051]); and second wiring electrically coupling the power source to the electronic control circuitry within the block to power the block and to position the power source remote from the block and remote from the air ionizing electrodes (second wiring illustrated in Fig. 6 between motor controller 157 that provides power and dash vertical line of printed circuit board 13; par [0051]); a light (light 11; par [0030]).
It would appear that said light taught in Liptak does not appear to have third wiring electrically coupling the light to the electronic control circuitry within the block to power the light and arranged to position the light remote from the block, the air ionizing electrodes and the power source. Third wiring is considered inherent to provide power to said light.
Nonetheless, Guthrie is analogous art and teaches a light to have third wiring electrically coupling the light to the electronic control circuitry to power the light and arranged to position the light remote from the block, the air ionizing electrodes and the power source (indicator lights 321; Fig. 3; col. 3, ll. 39-51). It would have been obvious for one of ordinary skill in the art at the effective filing date of the current invention to utilize the teaching of the light and wiring disclosed in Guthrie in the apparatus of Liptak wherein the light is an indicator configured to illuminate based on the magnitude of the voltage to the emitters as taught in Guthrie with a reasonable expectation of success. Additionally, the phrase “when the block is powered, wherein the light can be viewed by an operator” is considered an intended use or result. The instant invention is an apparatus. Apparatus claims are distinguished from the prior art in terms of structure rather than intended use or function. See MPEP § 2114
For claim 4, the teaching of Liptak is relied upon as set forth above and discloses further wherein said power source is a 5-32 VDC input power source (par [0051], [0057]).
For claim 6, the teaching of Liptak relied is upon as set forth above and further discloses said air ionization system comprising a bracket on which the air ionizing electrodes are mounted (par [0036], “plate or other structure”).
Claims 7-8, 11, 13-20 are rejected under 35 U.S.C. 103 as being unpatentable over Liptak (US 20230048412 A1) and Guthrie (US 10222347 B2) in view of Abate (US 20180065126 A1).
For claim 7, the teaching of the prior art is relied upon as indicated above. Liptak further discloses a base unit configured to display the properties to an operator, wherein the base unit is remote from the block and remote from the light (see claim 1 above).
However, Liptak is silent for further comprising a sensor configured to sense properties of the ionized airflow. Abate teaches a sensor (63) configured to sense properties of the ionized airflow (par [0036]), which is used to adjust the level of ionization. It would have been obvious for one of ordinary skill in the art before the effective file date of the current invention to include the sensor as disclosed in Abate in order to adjust the air flow of the ionization system of the combined teaching of Liptak and Guthrie with a reasonable expectation of success.
Liptak teaches each of the limitations in claim 8 as follows: An assembly providing an ionized airflow within a transit vehicle (Figs. 4, 5, 7), comprising an air distribution unit (par [0052]; Fig. 7) including: a housing (housing 251) having an inlet opening (pars [0048]-[0049]) and at least one outlet opening (par [0048]), and a fan or blower (fan or blower 154) within the housing mounted between the inlet opening and the least one outlet opening (Fig. 7); and an air ionization system including a block having electronic control circuitry therein (printed circuit board 13; Figs. 6, 8), the block being positioned remote from the air distribution unit (“However, the ion generator 10…may be located in various locations so that the emitters 44, 46 may be located anywhere in the air flow path of the mobile HVAC. While the emitters 44, 46 are shown at the blower housing 149, the emitters may be located in other locations, such as at the evaporator 150 near the blower inlet. Various locations may be utilized for the emitters, and the housing assembly may be located in various locations, dependent on the space available around the mobile HVAC which is often limited in marine applications.”; par [0049] ), air ionizing electrodes (ion emitters 44, 46; Figs. 2, 6, 8), and first wiring electrically coupling the air ionizing electrodes to the electronic control circuitry within the block and within the air distribution unit (“The 12 VDC input power to the ion generator module 30 is represented by a first wire 33…and a second wire 34…, wherein one wire represents a positive and the other wire represents a negative. The wires 33, 34 electrically connect to the printed circuit board 13…”; par [0051]; Figs. 2, 6, 8); a power source (Fig. 6; “motor controller 157 provides power”; par [0051]); and second wiring electrically coupling the power source to the electronic control circuitry within the block to power the block and to position the power source remote from the block and remote from the air ionizing electrodes (second wiring illustrated in Fig. 6 between motor controller 157 that provides power and dash vertical line of printed circuit board 13; par [0051]); a light (light 11; par [0030]). It would appear that said light taught in Liptak does not appear to state explicitly said air ionizing electrodes are within the housing and positioned between the filter and an inlet of the fan or blower and to have third wiring electrically coupling the light to the electronic control circuitry within the block to power the light and arranged to position the light remote from the block, the air ionizing electrodes and the power source. Instead, Liptak discloses the air ionizing electrodes are positioned in an airflow path of an HVAC to introduce ions into the airflow path (par [0012]). The third wiring is considered inherent to provide power to said light. Nonetheless, Guthrie is analogous art and teaches a light to have third wiring electrically coupling the light to the electronic control circuitry to power the light and arranged to position the light remote from the block, the air ionizing electrodes and the power source (indicator lights 321; Fig. 3; col. 3, ll. 39-51). It would have been obvious for one of ordinary skill in the art at the effective filing date of the current invention to utilize the teaching of the light and wiring disclosed in Guthrie in the apparatus of Liptak wherein the light is an indicator configured to illuminate based on the magnitude of the voltage to the emitters as taught in Guthrie with a reasonable expectation of success. Additionally, it would have been obvious for one of ordinary skill in the art at the effective filing date of the current invention to relocate said air ionizing electrodes within the housing and positioned between the filter and an inlet of the fan or blower to provide ions into the airflow path, since it has been held that rearranging parts of an invention involves only routine skill in the art and relocating the air ionizing electrodes as claimed would not have changed the function of the device. See MPEP § 2144.04(VIC).
For claim 11, the teaching of prior art is relied upon as indicated above. Liptak discloses further wherein said power source is a 5-32 VDC input power source (par [0051], [0057]).
For claim 13. the teaching of the prior art is relied upon as indicated above. Liptak further teaches wherein the light is mounted on the housing (par [0030]; Fig 1).
For claim 14, the teaching of the prior art is relied upon as indicated above. Abate discloses wherein said filter is a mesh media, a screen media, paper media, cloth media, or other filter media (pars [0032], [0052]).
For claim 15, the teaching of the prior art is relied upon as indicated above. Liptak illustrates wherein the air ionizing electrodes (44, 46) are aligned generally perpendicularly to a direction of airflow generated by the fan or blower (“ion emitters 44, 46” at inlet shown in Fig. 5).
For claim 16, the teaching of the prior art is relied upon as indicated above. Liptak further teaches said assembly comprising a bracket on which the air ionizing electrodes are mounted, and the bracket is attached to one of the housing and the fan or blower (par [0036], “plate or other structure”; Figs. 4, 7).
For claim 17, the teaching of the prior art is relied upon as indicated above. Liptak further teaches said assembly comprising a bracket on which the air ionizing electrodes are mounted, and the bracket is integrally formed with one of the housing and the fan or blower (pars [0036], [0050]; Fig. 5).
For claim 18, the teaching of the prior art is relied upon as indicated above and discloses wherein the base unit is remote from the block and remote from the light. Liptak discloses further a base unit configured to display the properties to an operator (par [0030]; Fig 1). However, the prior is silent for further comprising a sensor configured to sense properties of the ionized airflow. Nonetheless, Abate teaches a sensor 63 configured to sense properties of the ionized airflow (par [0036]) that is used to adjust the level of ionization. It would have been obvious for one of ordinary skill in the art at the time of the current invention to include a sensor as taught in Abate in order to adjust the air flow of the ionization system of the combined teaching with a reasonable expectation of success.
Regarding claim 19, the teaching of the prior art is relied upon as indicated above in claim 18 and teaches said sensor. However, the prior art is silent regarding a location of the sensor within the housing downstream of the fan or blower. It would have been obvious to one having ordinary skill in the art at the time of filing to relocate (or rearrange) said sensor within the housing downstream of the fan or blower in order to sense the fan, or blower, speed as disclosed in Abate and use airflow to adjust the level of ionization since it has been held that rearranging parts of an invention involves only routine skill in the art and would not have changed the function of the device. See MPEP § 2144.04(VIC).
Regarding claim 20, the teaching of the prior art is relied upon as indicated above teaches said sensor and said base unit. The combined teaching is silent to state the sensor is wirelessly coupled to the base unit. However, wirelessly coupled components are commonly known to be coupled with Bluetooth or other radio frequency technologies. It would have been obvious for one of ordinary skill in the art at the time of the current invention to utilize such technologies in order to reduce material costs for coupling components instead of utilizing wire connections with a reasonable expectation of success.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SONJI TURNER whose telephone number is (571)272-1203. The examiner can normally be reached Monday - Friday, 10:00 am - 2:00 pm (EST).
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/SONJI TURNER/Examiner, Art Unit 1776 October 2, 2025
/Jennifer Dieterle/Supervisory Patent Examiner, Art Unit 1776